1. (a) With the exception of an Apportionment made pursuant to Sections 1859.81.1(e), 1859.81.1(f), or 1859.81.2, Apportionments provided through the Priority Funding Process and subject to 1859.90.2, the OPSC will release State funds that the Board has apportioned to the district after submittal, by the School District, of the Form SAB 50-05 and a Grant Agreement, pursuant to Section 1859.90.4.

2. (b) With the exception of Apportionments described in paragraphs (1) and (2) of subsection (c), a district must submit the Form SAB 50-05 and Grant Agreement, within 180 calendar days of the Apportionment of the SFP grant for the project or within 365 calendar days for Apportionments that include Financial Hardship assistance. If the School District does not submit the Form SAB 50-05 and Grant Agreement within the above-specified time, the entire New Construction Adjusted Grant, or Modernization Adjusted Grant or Type I or II, part of a qualifying SFP Modernization project, or Joint-Use Project Apportionment shall be rescinded without further Board action, and the pupils housed in the project, if applicable, will be added back to the School District's baseline eligibility. The School District may refile a new Application for the project subject to district eligibility and available State funds at the time of resubmittal.

   1. (2) Notwithstanding subsection (b), if the Apportionment was made for a Type II Joint-Use Project, not part of a qualifying SFP Modernization project, pursuant to Article 12 of these Regulations, the School District must submit the Form SAB 50-05 and a Grant Agreement within 18 months of the date the plans and specifications for the Joint-Use Project that have been approved by the DSA and the CDE are submitted to the OPSC or the Apportionment shall be rescinded without further Board action.

   (c)(1) Notwithstanding subsection (b), if an Apportionment is made for an Application pertaining to a school facility located on a military installation that is the recipient of a federal grant that requires a local matching share, and the district has received an invitation for federal funding, the Board may authorize 18 months from the date of the Apportionment instead of the applicable fund release timeline in subsection (b) for the district to submit the Form SAB 50-05 and Grant Agreement for the project. In determining whether to authorize 18 months from the date of Apportionment, the Board shall consider whether additional time is needed for the district to align with federal timelines. If the district does not submit the Form SAB 50-05 and Grant Agreement within the above-specified time, the entire Apportionment shall be rescinded without further Board action, and the pupils housed in the project, if applicable, will be added back to the district's baseline eligibility. The district may refile a new Application for the project subject to district eligibility and available State funds at the time of resubmittal.

3. (d) OPSC will release State funds that have been apportioned by the Board pursuant to Sections 1859.81.1(e) or 1859.81.1(f) to the School District within 30 calendar days of the following, whichever occurs last: an Apportionment or upon submittal by the School District of a Grant Agreement pursuant to Section 1859.90.4. Submittal of the Grant Agreement must occur within 365 days of the Apportionment. If the School District received an Apportionment pursuant to 1859.90.2, the Grant Agreement must be submitted within the specified time period in 1859.90.2.

Note: Authority cited: Section 17070.35, Education Code. Reference: Sections 17072.12, 17072.30, 17074.15, 17076.10, 17077.40, 17077.42 and 17077.45, Education Code.

History

1. New article 10 (sections 1859.90-1859.95) and section filed 12-3-98 as an emergency; operative 12-3-98 (Register 98, No. 49). A Certificate of Compliance must be transmitted to OAL by 4-2-99 or emergency language will be repealed by operation of law on the following day.

2. New article 10 (sections 1859.90-1859.95) and section refiled 3-31-99 as an emergency; operative 3-31-99 (Register 99, No. 14). A Certificate of Compliance must be transmitted to OAL by 7-29-99 or emergency language will be repealed by operation of law on the following day.

3. New article 10 (sections 1859.90-1859.95) and section refiled 7-29-99 as an emergency; operative 7-29-99 (Register 99, No. 31). A Certificate of Compliance must be transmitted to OAL by 11-26-99 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 7-29-99 order, including amendment of section, transmitted to OAL 8-26-99 and filed 10-8-99 (Register 99, No. 41).

5. Amendment filed 6-26-2000; operative 6-26-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 26).

6. Amendment of first paragraph filed 7-17-2000 as an emergency; operative 7-17-2000 (Register 2000, No. 29). A Certificate of Compliance must be transmitted to OAL by 11-14-2000 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 7-17-2000 order transmitted to OAL 11-9-2000 and filed 12-27-2000 (Register 2000, No. 52).

8. Amendment of first paragraph filed 1-2-2001 as an emergency; operative 1-2-2001 (Register 2001, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-2-2001 or emergency language will be repealed by operation of law on the following day.

9. Certificate of Compliance as to 1-2-2001 order transmitted to OAL 5-1-2001 and filed 6-13-2001 (Register 2001, No. 24).

10. Amendment of section and Note filed 11-4-2002 as an emergency; operative 11-4-2002 (Register 2002, No. 45). Pursuant to Education Code section 17070.35 a Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.

11. Amendment of first paragraph and amendment of Note filed 2-6-2003; operative 2-6-2003 pursuant to Government Code section 11343.4 (Register 2003, No. 6).

12. Certificate of Compliance as to 11-4-2002 order, including amendment of first and last paragraph, transmitted to OAL 11-4-2003 and filed 12-19-2003 (Register 2003, No. 51).

13. Amendment of first and second paragraphs filed 5-21-2004 as an emergency; operative 5-21-2004 (Register 2004, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-20-2004 or emergency language will be repealed by operation of law on the following day.

14. Certificate of Compliance as to 5-21-2004 order transmitted to OAL 9-20-2004 and filed 11-2-2004 (Register 2004, No. 45).

15. Amendment of first and third paragraphs filed 4-9-2009 as an emergency; operative 4-9-2009 (Register 2009, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-6-2009 or emergency language will be repealed by operation of law on the following day.

16. Certificate of Compliance as to 4-9-2009 order transmitted to OAL 9-24-2009 and filed 11-3-2009 (Register 2009, No. 45).

17. Amendment filed 9-20-2017 as an emergency; operative 9-20-2017 (Register 2017, No. 38). A Certificate of Compliance must be transmitted to OAL by 3-19-2018 or emergency language will be repealed by operation of law on the following day.

18. Certificate of Compliance as to 9-20-2017 order transmitted to OAL 3-15-2018 and filed 4-23-2018 (Register 2018, No. 17).

19. Amendment filed 11-7-2022 as an emergency; operative 11-7-2022 (Register 2022, No. 45). A Certificate of Compliance must be transmitted to OAL by 5-8-2023 or emergency language will be repealed by operation of law on the following day.

20. Certificate of Compliance as to 11-7-2022 order, including amendment of subsection (a), transmitted to OAL 5-3-2023 and filed 6-13-2023; amendments effective 6-13-2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 24).

21. Amendment filed 11-1-2024 as an emergency; operative 11-1-2024 (Register 2024, No. 44). A Certificate of Compliance must be transmitted to OAL by 4-30-2025 or emergency language will be repealed by operation of law on the following day.

22. Certificate of Compliance as to 11-1-2024 order, including amendment of subsection (c)(1), transmitted to OAL 4-25-2025 and filed 6-3-2025; amendments effective 6-3-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 23).

23. Amendment filed 10-20-2025 as an emergency; operative 10-20-2025 (Register 2025, No. 43). A Certificate of Compliance must be transmitted to OAL by 4-20-2026 or emergency language will be repealed by operation of law on the following day.

24. Certificate of Compliance as to 10-20-2025 order transmitted to OAL 4-20-2026 and filed 6-2-2026 (Register 2026, No. 23).